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2017 Supreme(Ori) 1091

BISWANATH RATH
Rageshree Mohanty – Appellant
Versus
Subhrakanta Das Mohapatra – Respondent


Advocates Appeared:
For the Petitioner: M/s. Nilakantha Jujharsingh M. Satapathy, R. Mohanty, A.K. Bisoi, D. Bal
For the Opposite Party : M/s. Banshidhar Baug, M.R. Baug, P.R. Sethi, P.C.P. Das, G.R. Sahoo

JUDGMENT :

Biswanath Rath, J.

This matter involves challenge to the order dated 9.11.2017 passed by the learned Civil Judge (Sr. Divn.), Bhubaneswar in C.S. No.1688 of 2013. Petitioner while challenging the above order vide Annexure-7 seeks a direction to impound the documents i.e. the agreement to sale dated 17.3.2017 filed by the petitioner-plaintiff in the civil suit.

2. Short background involved in the case is that the opposite party-defendant in C.S. No.1688 of 2013 is the owner in possession of a plot of land in the District-Khordha, Tahasil-Bhubaneswar, Mouza-Kalarahanga, Khata No.725/515, Plot No.1672/2538/3210, Area – Ac.0.120 dec., Sthitiban, Kisam-Sarad-II, Rent Rs.0.75 p., bounded by-North Plot No.1671 (P), South-Road and Plot No.1673(P), East-Sub-Plot No.B and West Plot No.1676(P). The opposite party agreeing to sale the suit land to the plaintiff-petitioner on a consideration of Rs.23,00,000/- executed a deed of contract to sale the suit land on receipt of Rs.14,00,000/- as part consideration of money with further condition that the balance consideration of Rs.9,00,000/- would be payable by the petitioner-plaintiff at the time of execution of deed of sale in respect of t




















































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